Labor Code of the Philippines                                          BOOK SEVEN                          TRANSITORY AND ...
Workmen’s compensation claims accruing prior to the effectivity of this Code and during theperiod from November 1, 1974 ...
Such amount as may be necessary to cover the operational expenses of the Bureau ofWorkmen’s Compensation and the Workmen...
Art. 301. Separability provisions. If any provision or part of this Code, or the applicationthereof to any person or circu...
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Book 7 transitory and final provisions

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Book 7 transitory and final provisions

  1. 1. Labor Code of the Philippines BOOK SEVEN TRANSITORY AND FINAL PROVISIONS Title I PENAL PROVISIONS AND LIABILITIESArt. 288. Penalties. Except as otherwise provided in this Code, or unless the acts complained ofhinge on a question of interpretation or implementation of ambiguous provisions of an existingcollective bargaining agreement, any violation of the provisions of this Code declared to beunlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos(P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less thanthree months nor more than three years, or both such fine and imprisonment at the discretion ofthe court.In addition to such penalty, any alien found guilty shall be summarily deported upon completionof service of sentence.Any provision of law to the contrary notwithstanding, any criminal offense punished in thisCode, shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courtsof First Instance. (As amended by Section 3, Batas PambansaBilang 70)Art. 289. Who are liable when committed by other than natural person. If the offense iscommitted by a corporation, trust, firm, partnership, association or any other entity, the penaltyshall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership,association or entity. Title II PRESCRIPTION OF OFFENSES AND CLAIMSArt. 290. Offenses. Offenses penalized under this Code and the rules and regulations issuedpursuant thereto shall prescribe in three (3) years.All unfair labor practice arising from Book V shall be filed with the appropriate agency withinone (1) year from accrual of such unfair labor practice; otherwise, they shall be forever barred.Art. 291. Money claims. All money claims arising from employer-employee relations accruingduring the effectivity of this Code shall be filed within three (3) years from the time the cause ofaction accrued; otherwise they shall be forever barred.All money claims accruing prior to the effectivity of this Code shall be filed with the appropriateentities established under this Code within one (1) year from the date of effectivity, and shall beprocessed or determined in accordance with the implementing rules and regulations of the Code;otherwise, they shall be forever barred.
  2. 2. Workmen’s compensation claims accruing prior to the effectivity of this Code and during theperiod from November 1, 1974 up to December 31, 1974, shall be filed with the appropriateregional offices of the Department of Labor not later than March 31, 1975; otherwise, they shallforever be barred. The claims shall be processed and adjudicated in accordance with the law andrules at the time their causes of action accrued.Art. 292. Institution of money claims. Money claims specified in the immediately precedingArticle shall be filed before the appropriate entity independently of the criminal action that maybe instituted in the proper courts.Pending the final determination of the merits of money claims filed with the appropriate entity,no civil action arising from the same cause of action shall be filed with any court. This provisionshall not apply to employees compensation case which shall be processed and determined strictlyin accordance with the pertinent provisions of this Code. Title III TRANSITORY AND FINAL PROVISIONSArt. 293. Application of law enacted prior to this Code. All actions or claims accruing prior tothe effectivity of this Code shall be determined in accordance with the laws in force at the timeof their accrual.Art. 294. Secretary of Labor to initiate integration of maternity leave benefits. Within six(6) months after this Code takes effect, the Secretary of Labor shall initiate such measures asmay be necessary for the integration of maternity leave benefits into the Social Security System,in the case of private employment, and the Government Service Insurance System, in the case ofpublic employment.Art. 295. Funding of the Overseas Employment Development Board and the NationalSeamen’s Board referred to in Articles 17 and 20, respectively, of this Code shall initiallybe funded out of the unprogrammed fund of the Department of Labor and the NationalManpower and Youth Council.Art. 296. Termination of the workmen’s compensation program. The Bureau ofWorkmen’s Compensation, Workmen’s Compensation Commission, and Workmen’sCompensation Units in the regional offices of the Department of Labor shall continue to exercisethe functions and the respective jurisdictions over workmen’s compensation cases vestedupon them by Act No. 3428, as amended, otherwise known as the Workmen’s CompensationAct until March 31, 1976. Likewise, the term of office of incumbent members of theWorkmen’s Compensation Commission, including its Chairman and any commissionerdeemed retired as of December 31, 1975, as well as the present employees and officials of theBureau of Workmen’s Compensation, Workmen’s Compensation Commission and theWorkmen’s Compensation Units shall continue up to that date. Thereafter, said offices shallbe considered abolished and all officials and personnel thereof shall be transferred to andmandatorily absorbed by the Department of Labor, subject to Presidential Decree No. 6, Lettersof Instructions Nos. 14 and 14-A and the Civil Service Law and rules.
  3. 3. Such amount as may be necessary to cover the operational expenses of the Bureau ofWorkmen’s Compensation and the Workmen’s Compensation Units, including thesalaries of incumbent personnel for the period up to March 31, 1976 shall be appropriated fromthe unprogrammed funds of the Department of Labor.Art. 297. Continuation of insurance policies and indemnity bonds. All workmen’scompensation insurance policies and indemnity bonds for self-insured employers existing uponthe effectivity of this Code shall remain in force and effect until the expiration dates of suchpolicies or the lapse of the period of such bonds, as the case may be, but in no case beyondDecember 31, 1974. Claims may be filed against the insurance carriers and/or self-insuredemployers for causes of action which accrued during the existence of said policies or authority toself-insure.Art. 298. Abolition of the Court of Industrial Relations and the National Labor RelationsCommission. The Court of Industrial Relations and the National Labor Relations Commissionestablished under Presidential Decree No. 21 are hereby abolished. All unexpended funds,properties, equipment and records of the Court of Industrial Relations, and such of its personnelas may be necessary, are hereby transferred to the Commission and to its regional branches. Allunexpended funds, properties and equipment of the National Labor Relations Commissionestablished under Presidential Decree No. 21 are transferred to the Bureau of Labor Relations.Personnel not absorbed by or transferred to the Commission shall enjoy benefits granted underexisting laws.Art. 299. Disposition of pending cases. All cases pending before the Court of IndustrialRelations and the National Labor Relations Commission established under Presidential DecreeNo. 21 on the date of effectivity of this Code shall be transferred to and processed by thecorresponding labor relations divisions or the National Labor Relations Commission createdunder this Code having cognizance of the same in accordance with the procedure laid downherein and its implementing rules and regulations. Cases on labor relations on appeal with theSecretary of Labor or the Office of the President of the Philippines as of the date of effectivity ofthis Code shall remain under their respective jurisdictions and shall be decided in accordancewith the rules and regulations in force at the time of appeal.All workmen’s compensation cases pending before the Workmen’s Compensation Unitsin the regional offices of the Department of Labor and those pending before the Workmen’sCompensation Commission as of March 31, 1975, shall be processed and adjudicated inaccordance with the law, rules and procedure existing prior to the effectivity of the EmployeesCompensation and State Insurance Fund.Art. 300. Personnel whose services are terminated. Personnel of agencies or any of theirsubordinate units whose services are terminated as a result of the implementation of this Codeshall enjoy the rights and protection provided in Sections 5 and 6 of Republic Act numberedfifty-four hundred and thirty five and such other pertinent laws, rules and regulations. In anycase, no lay-off shall be effected until funds to cover the gratuity and/or retirement benefits ofthose laid off are duly certified as available.
  4. 4. Art. 301. Separability provisions. If any provision or part of this Code, or the applicationthereof to any person or circumstance, is held invalid, the remainder of this code, or theapplication of such provision or part to other persons or circumstances, shall not be affectedthereby.Art. 302. Repealing clause. All labor laws not adopted as part of this Code either directly or byreference are hereby repealed. All provisions of existing laws, orders, decrees, rules andregulations inconsistent herewith are likewise repealed.Done in the City of Manila, this 1st day of May in the year of our Lord, nineteen hundred andseventy four.http://www.dole.gov.ph/labor_codes_book7.php

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